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Cary Zoning Regulations & Building Permits

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Key Zoning Facts

Planning Department
Cary Planning(919) 469-4082
Building Code Edition
NC State Building Code (IBC/IRC based)
ADUs Allowed
Yes
Primary District
R-40 Residential 40
Max Height
35 ft

Cary Zoning Overview

Cary is a town in Wake County, North Carolina, with a 2020 Census population of 174,721. The town manages land use and development through its Land Development Ordinance (LDO), which divides the municipality into residential, commercial, office/institutional, and industrial zoning districts.

Cary's residential zoning districts range from the low-density R-40 (requiring 40,000 sq ft minimum lots) to the more compact R-8 (8,000 sq ft minimum lots). The town also has multi-family, town center, and commercial districts to accommodate a variety of development types.

Key Residential Zoning Districts

District Min Lot Size Front Setback Side Setback Rear Setback Max Height
R-40 40,000 sq ft 35 ft 12 ft 30 ft 35 ft
R-20 20,000 sq ft 30 ft 10 ft 25 ft 35 ft
R-12 12,000 sq ft 25 ft 8 ft 20 ft 35 ft
R-8 8,000 sq ft 20 ft 5 ft 15 ft 35 ft

ADU Regulations

Cary allows accessory dwelling units (ADUs). Property owners should consult the Town of Cary Land Development Ordinance (LDO) for specific provisions regarding ADU size limits, setback requirements, parking, and permitting procedures. Contact Cary Planning for guidance on ADU applications.

Development Process

Development in Cary generally requires obtaining the appropriate permits from the town's planning and building departments. The process typically involves:

  1. Zoning Verification -- Confirm that your proposed use is permitted in the applicable zoning district
  2. Site Plan Review -- For commercial and multi-family projects, submit a site plan for review
  3. Building Permit -- Apply for a building permit with construction documents
  4. Inspections -- Schedule required inspections during construction
  5. Certificate of Occupancy -- Obtain final approval before occupying the structure

Key Considerations

Before starting any development project in Cary, property owners should:

  • Verify the zoning classification of their property
  • Review setback, height, and lot coverage requirements
  • Check for any overlay districts or special regulations
  • Determine if the property is in a flood zone using FEMA's flood map service
  • Confirm whether HOA covenants or deed restrictions apply
  • Contact the planning department for pre-application guidance

Disclaimer: This guide provides general information about zoning in Cary and should not be relied upon as legal advice. Zoning codes are subject to change. Always verify current regulations with the Town of Cary planning department or municipal code before making development decisions.

Regulatory Layers That Apply in Cary

Your property is subject to ALL of these regulatory layers. Each one can impose additional requirements beyond the others.

Federal

State — North Carolina

  • Building Code: NC State Building Code (IBC/IRC based)
View North Carolina zoning overview

County — Wake County

  • Role: County-level property records, tax assessment, unincorporated area planning

City / Municipal

The city's zoning ordinance, building codes, and local permits form the primary layer of land-use regulation for your property.

Overlay Districts

No overlay districts identified.

Private Restrictions

  • HOA / CC&Rs common: Yes
  • Check HOA CC&Rs and deed restrictions for additional requirements.

Primary Zoning Districts

R-40Residential 40
Min Lot
40,000 sq ft
Max Height
35 ft
Front Setback
35 ft
Side Setback
12 ft
Rear Setback
30 ft
R-20Residential 20
Min Lot
20,000 sq ft
Max Height
35 ft
Front Setback
30 ft
Side Setback
10 ft
Rear Setback
25 ft
R-12Residential 12
Min Lot
12,000 sq ft
Max Height
35 ft
Front Setback
25 ft
Side Setback
8 ft
Rear Setback
20 ft
R-8Residential 8
Min Lot
8,000 sq ft
Max Height
35 ft
Front Setback
20 ft
Side Setback
5 ft
Rear Setback
15 ft
MFMulti-Family
Min Lot
Varies
Max Height
Varies
Front Setback
Varies
Side Setback
Varies
Rear Setback
Varies
TCTown Center
Min Lot
Varies
Max Height
Varies
Front Setback
Varies
Side Setback
Varies
Rear Setback
Varies
OIOffice/Institutional
Min Lot
Varies
Max Height
Varies
Front Setback
Varies
Side Setback
Varies
Rear Setback
Varies
GCGeneral Commercial
Min Lot
Varies
Max Height
Varies
Front Setback
Varies
Side Setback
Varies
Rear Setback
Varies
IIndustrial
Min Lot
Varies
Max Height
Varies
Front Setback
Varies
Side Setback
Varies
Rear Setback
Varies

ADU Rules in Cary

ADUs:Allowed

Permit Costs & Timelines

Permit Costs & Timelines

Specific permit fee schedules for Cary are available from the local planning department. Fees vary based on project type, scope, and valuation.

Check Cary permit fees →

Official Sources

Frequently Asked Questions

What zoning district is my property in Cary?
Visit the Town of Cary website or contact Cary Planning at (919) 469-4082 to determine your property's zoning classification.
Can I build an ADU in Cary?
Yes, Cary allows accessory dwelling units (ADUs). Consult the Land Development Ordinance (LDO) for specific requirements and standards.
What building code does Cary follow?
Cary follows the NC State Building Code, which is based on the International Building Code (IBC) and International Residential Code (IRC).